Michigan Criminal Law: Sex Crimes; Sexual Conduct Charges, “CSC’s”, Criminal Sexual Conduct, Second Degree

Michigan law prohibits certain types of behavior related to sexual activity. These series of laws are collectively known as “criminal sexual conduct” or CSC charges. The charges vary significantly depending upon the alleged conduct.

These charges may fall various different sections; however the “criminal sexual conduct” section of Michigan’s penal code, MCL 750.520-520n is fairly comprehensive. Penalties if convicted depend on the alleged conduct and range from misdemeanors to capitol charges. Further, charges under this code may also require registration pursuant to SORA; see MCL 750.520b (2)(a-d);(Sex Offender Registration Act, MCL 295.723 et. seq.) and up to lifetime monitoring.

Criminal Sexual Conduct Second Degree, MCL 750.520c is a slightly less severe, but similar charge to Criminal Sexual Conduct, First Degree. Convictions for this charge may include up to fifteen years in prison, assuming the alleged defendant is not charged as a habitual offender, and up to lifetime monitoring and SORA registration. See MCL 750.520c (2)(a-b). The crux of this charge is whether non-consensual sexual contact occurred with another person and if the alleged situation occurred under a variety of different potential scenarios. The key distinguishing factor between this charge and Criminal Sexual Conduct, First Degree, is the term “sexual contact.” For definitions, please review MCL 750.520a.   Consent, again, is another huge issue, the following list of describes circumstances, such as:

(a) That other person is under 13 years of age.

(b) That other person is at least 13 but less than 16 years of age and any of the following:

(i) The actor is a member of the same household as the victim.

(ii) The actor is related by blood or affinity to the fourth degree to the victim.

(iii) The actor is in a position of authority over the victim and the actor used this authority to coerce the victim to submit.

(iv) The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled.

(v) The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.

(vi) The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home in which that other person is a resident and the sexual contact occurs during the period of that other person’s residency. As used in this subdivision, “child care organization”, “foster family home”, and “foster family group home” mean those terms as defined in section 1 of 1973 PA 116, MCL 722.111.

MCL 750.520c (1)(a,b-vi).

Other examples are noted in MCL 750.520c (1)(c-i), including situations where an alleged victim is incapacitated, threatened by force by the accused, overwhelmed by the accused, et. al. The list of situations is fairly comprehensive. Again, the key issue here is whether there was non-consensual sexual contact.

For more information on Michigan Criminal Sexual Conduct charges, click here.

For more information on Michigan’s Criminal Sexual Conduct, First Degree charge, click here.

For  more information on Michigan’s Criminal Sexual Conduct, Third Degree charge, click here.

For more information on Michigan’s Criminal Sexual Conduct, Fourth Degree charge, click here.

For information on polygraph tests, click here.
For information on Michigan’s charge, “Gross Indecency,” click here.
For information on Michigan’s Sex Offender Registration Act, or “SORA,” click here.

Our experienced and dedicated attorneys have represented clients regarding a variety of CSC charges throughout the state of Michigan. We fight hard for our clients. For a free initial consultation, please call our Lansing office at (517) 507-5077.

The following series of posts is for general educational purposes only. Circumstances may vary significantly. If you need specific legal advice, please privately consult with a lawyer.